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Another Appeals Panel In NYC Declines To Hold That Title VII Covers Sexual Orientation

Just two weeks after the federal appeals court in New York City held that Title VII does not cover sexual orientation discrimination claims, another panel of the same court has come to the same conclusion.

And this comes on the heels of the federal appeals court in Chicago coming to the opposite conclusion on April 4th.

In the present case, the NYC appeals panel came up against the precedent set by the appeals court in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), as affirmed by the decision in March in Christiansen v. Omnicom Grp., No. 16-478, 2017 WL 1130183, at *2 (2d Cir. Mar. 27, 2017), and held that “we decline [plaintiff’s] invitation to revisit our precedent. A separate panel of this Court recently held that Simonton can only be overturned by the entire Court sitting in banc.”

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